Dame Vera Baird DBE KC was warmly welcomed by Soroptimist International St Albans and District to speak at this Zoom event about women’s justice on Mon 27 Feb. The event proved of huge interest to Soroptimists and guests from all over the UK – with almost 100 people attending on the night.
Dame Vera is a British barrister and politician who has held roles as a Government Minister, Police and Crime Commissioner, and Victims’ Commissioner for England and Wales. She was appointed Dame Commander of the Order of the British Empire (DBE) in the 2017 New Year Honours for services to women and equality. She is also a Soroptimist and a terrific speaker. For more about Dame Vera please read: https://en.wikipedia.org/wiki/Vera_Baird
Notes from the event are included below. If you were unable to attend or want to listen/watch it again please click on the YouTube link below:
Dame Vera started by giving us the background that in 2001 she was elected as an MP and subsequently asked by Fawcett Society to chair a Commission on Women and the Criminal Justice System (CJS) – see this document here Womens Justice 270223 – Dame Vera B + Fawcett Society 2003 article
Rape and domestic abuse (DA) – women are predominantly bothered about offences specifically against women as women. Another major concern for women is harassment causing them to be afraid on streets because this is dealt with most weakly by criminal justice system. The system has been undermined by cuts – specifically complex and sensitive crimes. There is a lack of specialist understanding in the Police, Crown Prosecution Service (CPS) and in Courts. Victims are traumatised. These crimes are harder to investigate than burglary and don’t receive the resources needed. Coercive control is a very complex concept. 80% of women who have been raped don’t engage with the courts, they just want help.
Women’s Aid and Rape Crisis organisations (too few and not funded) have 14,000 women on their waiting lists for counselling. The Domestic Abuse Commissioner reports that fewer than 50% get the help they want and require. The Criminal justice system only deals with small numbers of these cases.
Domestic Abuse is 30% of all police recorded and investigated crime – 846,000 of DA & 70,000 rape complaints and numbers are increasing. New police are being recruited but huge numbers were lost in cuts in the previous two decades meaning experience and skill was lost due to cuts so now investigations are carried out by inexperienced newer recruits and ‘generalists’.
Theresa May attempted to introduce a new offence for coercive controlling behaviour e.g. non-stop belittling, starving partner of money, blocking friendships etc. daily threats of violence, overpowering the will of the victim i.e. the perpetrator is in charge. Police see unconnected incidents which hinders prosecution. There have been 34,000 prosecutions out of 846k complaints, it is never charged on its own, it is usually associated with an assault e.g. with a black eye. 86% of coercive and controlling behaviour is dropped if perpetrator pleads guilty to violence. There were 374 convictions in 2021 (from new report ‘Come together to end Domestic Abuse’).
CPS are the ‘gate-keepers’ in CJS, not the police. Majority of cases are heard in Magistrates’ Courts.
2016 compared to 2022 – prosecutions are now down. 48% fewer charges & convictions 46% down for all kinds of DA. 75% DA crimes collapsed / dropped – complainants don’t receive support to see process through. There is a similar trajectory for rape prosecutions, they collapsed by 50% between 2016 and 2022 i.e. from 3,800 to 1,750. It takes 2-3 years for a rape case to get to court.
Dame Vera told us about Operation Soteria Bluestone instigated by the Police and Crime Commissioner of Avon & Somerset, Sarah Crew. Soteria – named after the goddess of safety and salvation, deliverance, and preservation from harm https://www.college.police.uk/research/projects/operation-soteria-bluestone.This was a response to the government End-to-End Rape Review, and the Home Office pledge to increase the number of rape cases making it to court. Senior academics were invited to review processes and cases and found the police force appeared to operate akin to ‘victim credibility’ unit.
This appeared on Channel 4 news – 1 Mar 2023, about Operation Soteria: https://www.channel4.com/news/exclusive-former-acting-met-commissioner-facing-investigation-over-alleged-comments-that-many-rape-complaints-were-were-regretful-sex. This opened a bitter row over claims of institutional misogyny in British policing. Police Officers didn’t know how many repeat offenders there were. Rape cases asked to hand over school notes even if complainant was over 40 years old. There needs to be a limit to asking for phone material being made available from victim. Medical records from birth were asked for. The CPS is over-intrusive as to requirements. An example given was a woman who when 12 sent a note to PE teacher saying she couldn’t participate and had forged her mother’s signature – the Defence Barrister suggested this was evidence of victim being a liar. The CPS requests disproportionate and unnecessary information from the victim. There is now a restricted framework within Police, Crime, Sentencing and Courts Act 2022 https://victimscommissioner.org.uk/news/pcsc-amendments/ Victims may decline therapy if they think their notes may be used by rapist barristers, the police and the CPS. Often victims withdraw from process of prosecution. Asking for notes questions the integrity of counselling. There is a new campaign to legislate to keep therapy notes completely out and to include in the Victim’s Bill.
A model scheme has been in place in New South Wales Australia for 25 years – The Sexual Assault Communications Privilege (SACP) is a special legal rule that limits disclosure in court: Womens Justice 270223 – Australia DA article 2011
In Feb 2023 this consultation response was released about Police requests for third party material: https://www.gov.uk/government/consultations/police-requests-for-third-party-material/outcome/consultation-response-accessible. Special DA violence courts work – there is strong evidence from Magistrates Courts notably Canada and Australia.
There are two more documents to include here with more background information to Dame Vera’s talk.
Womens Justice 270223 – Victim legal representation – adversarial criminal trial NSW 2021
Womens Justice 270223 – Idva Insights Dataset _ DA services 2020-2021 v2
Soroptimists UK Programme Action Committee has been co-ordinating observations by Clubs of Special Domestic Abuse Courts and the report is due to be published soon. Issues raised include vulnerable victims being on their own in court, hearings where IDVAs (Independent Domestic
Violence Advisors) are not present to support the victims. Multi-Agency Risk Assessment Conference (MARAC) are meant to keep high risk victims safe. Improvements need to include clustering of the court system and training of personnel with separate waiting areas, etc. Dame Vera is keen on specialist rape courts. The situation for most victims worsens when they make a complaint (put themselves in more danger) as the perpetrator tightens control – most murders occur after a victim has made an initial complaint. IDVAs are unfortunately not usually made available. Police Crime Commissioners pay for availability of IDVAs. In 626 cases only 158 IDVAs were seen to be present. Dave Vera gave an example of a Case where the perpetrator suggested his mother could collect the couple’s child. The IDVA recalled that perpetrator had previously attacked his mother and contacted.
There were lots of great questions – of course – it was a Soroptimist event after all!
The scene for the event was set with these questions: Are women victims receiving justice? Have we all lost confidence in the police with the heinous acts of Police Officers David Carrick (click here for details www.cps.gov.uk/thames-and-chiltern/news/david-carrick-police-constable-pleads-guilty-relentless-campaign ) whose violent crimes against women were made public just recently and Wayne Couzens murder of Sarah Everard in 2021 (https://en.wikipedia.org/wiki/Murder_of_Sarah_Everard). Is the criminal justice system fit for purpose? Soroptimists, including from the St Albans Club, have been working as observers of Specialist Domestic Abuse Courts submitting data for a report due out in April. Dame Vera pioneered this project.
Club President Barbara Saunders thanked Dame Vera and summarised the two main campaigns we can take on a follow up to the Domestic Abuse Court Observation Project: 1. keep counselling confidential and 2. increase funding for IDVAs.
Barbara also asked everyone to make the sign of #EmbraceEquity for International Women’s Day this year. www.internationalwomensday.com/theme We are asked to imagine a gender equal world. A world free of bias, stereotypes, and discrimination. A world that’s diverse, equitable, and inclusive. A world where difference is valued and celebrated. Together we can forge women’s equality. Collectively we can all #EmbraceEquity.
There was no charge for the event, but attendees were offered an opportunity to make a donation to support the Herts Domestic Abuse Helpline www.hertsdomesticabusehelpline.org who provide confidential support and signposting to all those in the county who are affected by domestic abuse. There was no pressure for donations because it was an opportunity for more people to hear about the landscape of women’s justice.
Congratulations to the Club’s Peace Team for organising such a successful and impactful event. There are lots of actions for attendees to take up after the event and Soroptimists will be co-ordinating.